A British Columbia man who stabbed a police officer during a violent confrontation in 2022 has been found criminally responsible for his actions. The verdict was delivered on July 28 in a Kelowna courtroom, where Justice Steven Wilson ruled that Richard McCrae understood what he was doing during the attack and is therefore accountable under the law.
The ruling followed a detailed court process examining McCrae’s mental state at the time of the incident. McCrae has a long history of mental health struggles, including schizophrenia, auditory hallucinations, and psychotic episodes. Despite this, the court determined that his actions showed awareness and control.
The case stemmed from a March 26, 2022 incident at the Kelowna Gospel Mission Shelter on Bay Avenue. Constable Jason Tymofichuk responded to a call involving a tent placed illegally in front of the shelter. Inside the tent was a woman, and McCrae became visibly upset when shelter staff asked her to leave.
After a calm exchange, Const. Tymofichuk approached the tent to check on the woman’s well-being. As he did so, McCrae kicked him in the stomach and struck him in the face. During the scuffle, McCrae stabbed the officer in the eye socket with a carving knife he had hidden in his pocket.
The situation escalated quickly. McCrae continued attacking the officer, who then fired his weapon out of fear for his life. The bullet missed, but McCrae tried to take the officer’s gun, shouting repeatedly for him to hand it over. McCrae, significantly taller and heavier than the officer, lifted him off the ground and slammed him onto the pavement.
A bystander who knew McCrae intervened by shouting his name. This momentarily distracted McCrae, allowing the injured officer to stand up. Bleeding from a severe facial wound, Const. Tymofichuk pointed his weapon and ordered McCrae to drop the knife. Instead, McCrae used it to cut his own throat.
The officer tried using a taser to subdue McCrae, but it failed. McCrae began to walk away before additional officers arrived and successfully used tasers to bring him down. Both men were taken to the hospital. The officer’s eye injury required urgent surgery, and he now suffers from lasting trauma, depression, and facial numbness.
The trial featured expert testimony from two doctors. Dr. Johann Brink, a forensic psychiatrist, told the court that McCrae likely had no control over his actions due to acute psychosis. He believed McCrae could not distinguish right from wrong during the attack. However, he admitted there were gaps in what he knew, especially concerning McCrae’s statements to another doctor.
Dr. Kevin Duncan, a resident doctor who spoke with McCrae shortly after the incident, recalled McCrae saying he was playing with a knife and believed there would be a conflict when the officer saw it. McCrae told Duncan he was using methamphetamine that day but denied other drug use.
Justice Wilson noted that McCrae’s statement to Dr. Duncan suggested he anticipated an encounter with police and acted deliberately. This contradicted claims that he had no memory of the incident. The judge also questioned the strength of Dr. Brink’s conclusions, especially since he was unaware of McCrae’s other explanations.
In the end, the court found McCrae criminally responsible and guilty of several charges, including aggravated assault of a police officer, attempting to take a weapon from a police officer, and resisting arrest. He was found not guilty of attempted murder, due to lack of clear intent to kill, and not guilty of possessing a weapon for a dangerous purpose.
The decision means McCrae will face sentencing based on the crimes for which he has been convicted. While the attack left lasting physical and emotional scars on Const. Tymofichuk, the court emphasized that criminal responsibility was clear, even in the context of mental illness.
